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tv   Studio B With Shepard Smith  FOX News  July 14, 2011 3:00pm-4:00pm EDT

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you will head over now to greg for shepard. >>greg: the news begins anew, on "studio b" in box one, the convicted liar, casey anthony, isn't just getting death threats in the wake of the acquittal but admirers sending loads of cash to the woman who never reported her daughter miss. an attack on the pentagon, officials call thing this the biggest ever. details on how hackers got thousands of sensitive documents. and box three, most avoid sharks but but will tell you about who guy who picked a fight with one ahead unless breaking news changes everything. this is "studio b." first from fox at 3:00, a stunning turn of events in the they day old perjury trial of baseball great only -- roger clemens after prosecutor told
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jurors about evidence that was ruled out of bounds. he was phasing 30 years in prison over suspected use of drugs stemming from this testimony he gave on capitol hill back in 2008. >> i have been accused of something i'm not guilty of. how do you prove a negative? no matter what we discuss here today i'm never going to have my name restored. but i've get to try and set the record straight. let me be clear: i've never taken steroids. >> but today prosecutors played videotape from the same 2008 testimony the judge had explicitly told them not to show. and he claimed the mistake meant he could not give clemens a fair trial. what was the evidence that caused that mistrial? >>jonathan: in the video tape testimony from 2008 this was a reference to the wife of roger clemens former teammate andy bet
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at this time and in that tape the reference was made about him confirming that her husband told her that roger clemens had, indeed, admitted that he took banned drugs. the judge had ruled her statement inadmissible as hearsay so he said we and not go on and he scolded the prosecution saying "i think a first year law student would know you and in the bolster the credibility of one witness with clearly inadmissible evidence." bottom line, a mistrial was declared and the prosecution screwed up. >>greg: big time. there could be another trial, right? >>jonathan: we have not heard yet as to whether they want to retry the case or if one imagines they will. the judge set a hearing to discuss whether there should be another trial, and that will take place on september 2nd and
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roger clemens left the court as you saw there and headed to a nearby restaurant with the defense team, a fancy restaurant known as the "caucus room," probably dining on lobster and steak and celebrating. >>greg: prosecutors have luncheon crow, meanwhile. thank you, jonathan, and jonathan will chat about this. just go online at on "on the hunt," link. and now to talk more about this is lis wiehl former federal prosecutor, and arthur aidala and a veteran criminal against tone. good to see you both. if roger clemens confesses something to andy pettitte who tells his wife, that is not just hearsay it is double hearsay. >>guest: a person who is not taking the stand who tells someone else who tolls someone
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else. all i can say in defense of the prosecution, one of the charges was lying to congress and that is the evidence that shows lying. should they have redacted that? of course. the judge told them to. but that doesn't amount to mistrial with prejudice. with prejudice means the prosecutors would never be able to bring the case against. it is mistrial without prejudice. >>greg: arthur, this is pretty egregious they knew what they were not supposed to do. one can argue this crosses the line from incompetence to stupidity? >>guest: i am gloating. i am gloating. it is one of the times i get to look at lis and go, i told you. this is rare. you know that. a federal judge tells, you have to assume tells veteran prosecutors in a huge case, arguably the biggest case going on in the united states of america right new, maybe the greatest pitcher of all time, and it's what the judge said is
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just, a first year law student knows this so the judge actually rues, you can't use it because it is double hearsay. and what? they don't look at the video before they play it to the jury? >> do you think it was intentional? >> i pray to god it wasn't. what you just said, it's recklessness, gross negligence and in this day of modern technology, they put these things on dvd or the shawl drives and you can have one that is ed it and you put the wrong one in and that is what the hearing will be on in september. >>greg: the judge has a choice: dismiss without prejudice so prosecutors can retry. or he could say, this conduct is so outrageous, so egregious it shocks the conscience and i will dismiss the charges with
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prejudice. so roger clemens is free. >>guest: i don't see it happening but i could if there were multiple mistakes and there were two, but multiple mistakes in a long trial. but this jury has just been impaneled. we just started. >>guest: the hearing would take place with regard to what happened. why did this happen and it has to do with whether the prosecutors were intentionally trying to thwart justice, that is the legal terminology. i don't think they will find that and i do think--. >>greg: could the judge say, prosecutors, roger clemens incurred a lot of legal costs and you have to pay the attorney fees for the abbreviated trial. >>guest: maybe for they days. that is it. that is it. >>guest: i don't see that being a sanction. i see him sanctioning the prosecutors in another way, whether personal fines, contempts of court, or something like that, a letter in the file, believe me ... this is not ...
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>>guest: usually the prosecutor decides right away and does it not go through a judicial hearing. >>greg: stick and we have lots more to talk about on other subjects. >> a fox urgent, a pentagon reporting unspecified foreign government responsible for a major cyber attack, one of the largest ever broaches of sensitive against data and the deputy secretary of defense says the message has a good idea of who launched the attack but would not offer details other than it is probably a nation carried out the attack rather than an individual. jennifer griffin with the news live from the pentagon, what do we know of the scale of attack? >>guest: well, the details are sketchy. the pentagon officials as you mention are calling it the largest theft ever of sensitive defense data to result from a cyber attack taking place in march of this year, 24,000 files
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were stolen as part of the giant theft and the target was a defense industry network according to deputy defense secretary who revealed the breach outlining the new cyber strategy. >>greg: who do we think is behind this? >>guest: he said it is not an individual but the cyber attack was carried where by a foreign government. the secretary said the pentagon has a good idea which foreign government is behind the attack but would not say who it was. chinese hackers have been suspected of a number of cyber hacks into the pentagon and classified systems and we are told that there are thousands of probes each day into pentagon systems and which was also a high profile case back in may where lockheed martin said their systems were compromised which is the maker of the f-35 the most important program the pentagon is pursuing right now. >>greg: thank you, jennifer.
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republican and democratic leaders in washington claim they are trying to hammer out a deal to raise the debt ceiling but everything they say in public makes it sound almost impossible. the latest on the negotiations next. plus, actress said she would accept a marine's invitation to the marine corps ball but reports that her would be date would have to go stag. what is happening here?
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>>greg: what happened if president obama and congress do not strike a deal by august 2nd? according to some on august 3rd president obama will have to decide what and whom to pay? he could choose among social security or salaries for members of the military and other government programs. today, it doesn't lock good as the drama continues to unfold in washington. the president reportedly ended negotiations yesterday over the $14.3 billion debt limit after
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he warned the house majority leader cantor "don't call my bluff." wenzel has the news live from the white house. what did the white house say about the cantor smack down? >>reporter: i can tell you the senate democrats a short while ago said that house majority leader cantor more than anyone else is holding up an agreement. white house press secretary carney would in the confirm the "don't call my bluff," quote but he made clear the smiles that the president started the meeting with were gone by the type it wrapped up two hours later. >> the president has meetings wrapping up expressed his feelings that the folks in that room need to lead. all of us together need to lead and this is a moment when it is important to reach for a goal that works for the whole country that is supported by the vast
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majority of the american people. >> he says the talks occur in an atmosphere that is collegial and reasonable but also, this have been posturing and positioning what he called the stuff people hate about washington, and the talks will resume in an hour and if there is progress they will continue on through the weekend. >>greg: thank you, wendell, and senate republican leader mcconnell had harsh language. >>reporter: he said that the president has given republicans three bad choices: higher taxes, smoke and mirrors and default. republicans do not believe the president's spending cuts add up to as much as democrats claim and says the republicans will not be the tax collecters for the obama economy but offered the president a way to raise the debt ceiling without cutting spending but says democrats have to pay a political price for it. >> he would rather preserve his vision of washington than
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protect entitlements, let him explain that. if he and the democratic senate would rather borrow and spend us into oblivion, they can do that. but don't expect anymore cover from republicans on it than you got on health care. none. >>reporter: missouri democratic senator said mcconnell has lost his mind if he thinks she and other democrat will go along but carney says the president is willing to take responsibility for it. >>greg: a lost that going on losing their mind. what could happen if both parties fail to reach a deal on raising the debt ceiling? we will discuss the real world consequences live with the associate editor of a financial newspaper coming up. a city on edge a day after a deadly attack by suspected terrorists. officials in india say investigators sorting through
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forensic evidence and security footage after three bombs exploded at nearly the exact same time in mumbai and 18 people died in the attack which was the worst since the siege on the hub in 2008. officials blame pakistan-based militants but, so far, no group has claimed responsibility for yesterday's bloody strike and members of an islamic militant organization have been questioned. in another deadly attack in afghanistan, coming in the middle of a memorial service for the president's half brother who was assassinated this week. we're told a suicide bomber hit explosives in histor -- if his turban. the service was for karzai's brother who assassination leaves
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a major power vacuum in kandahar as civilian deaths in afghanistan jumped 15 percent so far this year. two men raped his daughter and wife and murdered his entire family and set the house ablaze and now attorneys for a suspect charged in the case say that they do not want the doctor in the courtroom for the trail because he is not a victim. our legal panel is back now with a look at both sides of the argument in a moment. es that in.
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>>greg: a news alert. this is the runway at dallas-ft. worth airport where an american airlines flight from san diego
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flight 1116 was diverted to dallas because of smoke in the cabin. we do not have report of injuries yet but we can tell you the plane landed safely. there was smoke in the cabin. buses deplaning the passengers being taken to the terminal and you can expect a great many delays in departures and arrivals at dallas-ft. worth because of this. they shut down that runway. no reports of any injury and the plane landed safely. >> a second man set to go on trial for the suspected role in a horrific home invasion that ended in rape and triple murder. and his lawyers now want to keep the only survivor of the crime out of the courtroom. the 30-year-old suspect held the family hostage inside their connecticut home back in 2007 and they say he and an
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accomplice beat the doctor unconscious, raped and skilled his wife and sexually assaulted add young daughter and tied up the girls and set the home on fire. the family was still inside and only the doctor managed to survive the attack and a jury convicted the alleged accomplice last year and sent him to death row and he testified at that trial. other witnesses were sequestered but state law allows him to be in the courtroom since he was also a victim but tones now for the latest defendant say that petit tailored the testimony based on that of other witnesses. they say their client cannot get a fair trial if dr. petit can watch the second trial and new to our legal panel, former prosecutor lis wiehl and against attorney arthur aidala both legal analysts. lis, rather, arthur, the
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constitution of the state of connecticut. any victim of a violent crime or the legal representative of the immediate family member of the deceased victim may attend all court proceedings that are part of the court record. lis, a matter of state constitution. >>guest: stated constitutional law. he was made a victim by these guys, one has been found guilty. he was made a victim when they came into his home and tied him up and beat him up and set fire to that house and he crawled out, he was made a victim and the only victim that survived and how dare the defense say that he should not be able to be there. they don't want, what is going on here, they don't want the jury to be seeing dr. petit and the look on his face and his eyes each day as they look at the defendant. >>greg: some people in the courtroom listen to the testimony and conform their testimony so it watches other witnesses, and that with be unfair to the defendant and the
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federal constitution guarantees a fair trial. >>guest: and that's why if most of the states in the united states of america the victim is not allowed to be in the courtroom. at least not before he or she testifies. sometimes what judges do is they will allow them to testify but before that they are not allowed to hear what the witnesses say so they cannot tell the witness. in federal courts the wants are not allowed. this is unique entity in connecticut but as you just pointed out, greg, under the federal law if a judge finds that this doctor in the last case changed his testimony, corrected other people's testimony, and--. >>greg: federal law trumps state law. >>guest: but the trumping of that trumping, is anything he said prior and anything in this case and the defense can have at him. >>greg: isn't he already
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locked in to his testimony by virtue of the testimony in the first trial so he cannot change it. >>guest: yes. so--. >>guest: if he changed at all--. >>greg: five witnesses testified from before the doctor and prosecutors are saying their testimony has nothing to do with his so there is nothing--. >>guest: exactly there is no issue. the defense, clear and simple does not want the jury looking at this man who lost his wife and daughters and seeing his staring this guy down, the defendant down. >> horrible facts. the worst set of facts i have ever covered. if the witnesses preceding him, their testimony is irrelevant haven't to what he says. >>greg: thank you both. the president says the debt she down could cost people their
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>>greg: bottom of the hour and time for the top of the news. casey anthony preparing for a life on the outside where she will face a great deal of public
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outrage. after a florida jury found the 25-year-old not guilty of murdering her daughter. she has been getting death threats. and her attorneys say they fear for her safety. but casey anthony has admirers, as well, and they are already coming to her aid. phil, she has fans sending her money, is that right? phil: believe it. believe it. about defendant people over the past couple of months have deposited their own good money "money order by mail," in her bank account in the orange county jail. one man deposited $100 for her where the money while in jail she can buy extras like toothpaste or nicer shampoo or chips, et cetera. i spoke over the phone with a woman who sent her $40 in total and she says, by the way, the
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jury got it right. >> if she wanted it buy herself a candy bar or shampoo, or whatever, i wanted her to know we all do not hate her. some of us have compassion. phil: i had the pleasure of speaking with a man in texas and his son sent the money for casey and he said "he was on this innocent until proven guilty thing, all our kids have big hearts and i think he just felt sorry for her." right now she has $470 in the orange county jailhouse account and half of that money has come in, been deposited, after the jury acquitted her of first-degree murder from the death of her daughter. >>greg: she has an emergency hearing tomorrow related to all the lies she was spinning. will she be in court for that? phil: she will not be in court for that but will stay in jill but the -- jail but it is at
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8:00 a.m. for gonzalez. remember, casey anthony made up this name as the nanny who kid napped little caylee. of course she admitted that is false, now, and the real nanny is suing her for defamation and they are concerned, she and her attorney that casey will leave jail, disguise herself and maybe change her name and go into hiding and they need a deposition before the trial next year in february. so, that hearing in the morning. >>greg: the plaintiff is not a public figure so the thereby hold is slower for proof. phil, thank you very much. not long after a jury acquitted casey anthony of murder police in florida charging another mother with manslaughter by negligence after her daughter died from an oxycontin overdose. the 26-year-old was busted, 70 miles west of orlando after a six month investigation into her
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daughter's death. the mother initially denied having any idea how powerful the painkiller wound up in her daughter's system but later confessed she left a tablet on her night stand and noticed it was missing after taking a shower and claims she found her daughter unresponse ever the next morning. sources confirm to fox that the f.b.i. has opened an investigation into whether news corps staffers tried to hack into the phones of 9/11 victims. that is the parent campaign of fox news and dealing with the scandal that started at one of the british newspapers. investigators say staffers at "news of the world" tabloid hacked into voice accounts of people they covered. the newspaper has been closed but the controversy has in the died. yesterday, new york congressman peter king requested the f.b.i. examine allegations that newspaper staffers tried to get 9/11 victims phone records. and now it appears that
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investigation has officially begun and this comes as new corps chairman and chief executive officer murdoch and his son, chief operating officer, signal they will appear before british lawmakers to answer questions about the scandal. we're told, both men will appear before a parliamentary committee on tuesday. if the president and congress do not agree on a deal do raise the debt ceiling a number of the experts say the consequences could be catastrophic. they say without a deal on august 3rd president obama will have to decide what to pay and whom to pay and the president might choose among social security checks, salaries for members of the military, perhaps, unemployment benefits, student loans, other government programs, and joining me is the associate editor of a financial newspaper owned by a parent company of this network. before we get do other possible attacks what about defaulting.
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geithner promises we are going to default on our debt if the debt ceiling is not raised. during a recent 12 month period of time the net interest expense of the federal government was $213 billion, revenue collected during the same period amounted to $2.27 trillion. so there is plenty of money. is there any reason to miss a debt payment? >>guest: probably not. you could have technical we fault. in other words, that revenue does not cover our expenses. but you could have technical degovernment in the sense the rating ages have warned even without missing an interest rate you could potentially get a downgrade of debt so, yes, it is an exaggeration to say we will not have the cash to make the interest rates but if you make the payments there are other things you are obligated to pay you will not pay. >>greg: first thing the treasury would do would be to
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pay the bondholders. both the president and, today, harry reid, the majority leader in the senate claimed that social security checks would stop for seniors but leader's what senator schumer said disagreeing. >> we are going do want to pay social security benefits. so that takes $50 billion off the table. >>guest: the truth is there will be the money there to cover the social security application and the medicare and medicaid if you shut down the operations of government. so, basically, you are not going to be funding those social security checks out of government resources that are coming in. so, yes, i do believe the prioritization is interest payment, social security, medicare, medicaid, perhaps active military, and you still have enough to cover some of the things but the point being we simply are not going to have the proper revenue and refinancing mechanisms in place. >> you have enough to cover
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social security, medicaid, medicare and venezuela benefits and the military and a bipartisan policy center, they crunched the numbers and here they are, courtesy of the washington examiner, debt interest payment, 29 billion. for the month of august. social security, $50 billion roughly. medicare and medicaid $50 billion. active military $3 billion. veterans affairs, $3 billion. you total it it is $134 billion and our revenue is $200 billion meaning you have $66 billion left. all the things that arguably politicians are fearmongerring about, social security, medicare, kid, military, veterans and so forth, that can be paid for and then have a surplus. >>guest: it is not a surplus it is if you shut down every other aspect of the surplus. greg i mean a surplus in temperatures of the left over revenue. >>guest: sure. and, by the way, this argument
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is relevant but also something that the markets view as remote because why think it will get to that point. obviously the chance of it get dog that point are increased the past couple of days but it seems this is all a matter of semantics and prelevelling blame. >>greg: since the government will spend $1.6 trillion more then it collects to revenue why not cut $1.6 trillion in spending. >>guest: if you think fearmongerring means no social security, cutting $1.6 trillion means you are cutting deeply into social security, medicare, medicaid, and or defense. get that on the table i would love to see it happen. >>greg: mike, thank you. the labor department reports new littles for jobless benefits fell last week to the lowest level in almost three months applications dropped by $22,000 to $407,000 and while this is
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encouraging sign that the job market may be slowly getting better, even with the dropped applications it topped $400,000 for 14 weeks. on. then off. we're talking about the big date between a marine and an actress. stay tuned. [ male announcer ] the network --
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and what's possible in here is almost impossible to say.
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>>greg: a close encounter with an 8' shark off the coast the coast of california. take a look. >> lead the way. lead the way. lead the way. >>greg: i would have let go but the guy goal into the water with the massive fish and the next 30 minutes i was man versus
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shark. trace has the story. live from the west coast newsroom. >>trace: i would let go but there guy said when he caught that shark his line was screaming but he finally pulled it in and like all great fishermen he wanted a picture of himself holding the prize scratch so he pulled it on the kayak and then the shark is supposed to just chill out and become quiet but this shark was not big and he started bucking, and as you saw earlier, they both went over into the water and by the time he could not let go of the shark his bud difficult had the camera rolling and said this, listen. when you are in the water it is different. you can see the shot of the shark dangling go let him and at any moment the shark could have taken his heel or thigh out.
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>> or something else. he spent the next half hour battling the shark and could not let go and tried to figure out how not to get bitten but the crazy thing he was in the worried about getting bit. >> i was more worried about my gear and i was afraid i lost a reel, a rod, i forgot if i tied everything down, so to tell you the truth i was terrified i lost a bunch of stuff. >>trace: well, kind of weird, i would not worry about the gear. they finally got the picture of the shark and finally let it go, with fingers and toes intact. crazy way to spend a saturday afternoon. but, california. >>greg: note to date, reexamine your priorities. thank you, trace. mila says the actress will attend will attend the marine
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corps ball in november although there were reports that she was thinking of backing out. a pennsylvania marine stationed in afghanistan asked the actress out by youtube. take a listen. >> mila, i want to take a moment out of my day and invite you to the marine corps ball november 18th, this north carolina. >>greg: her costar helped out. >> i will work on this for you. i will work on this for you. he invited you to the marine corps ball in november. >> i'll go. >> it is reported that she did not think of her schedule when accepting the invitation and was reconsidering because she is double booked but the date is a "go." and joining me is public relations consultant. it has to be the right move to
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say "yes." >> this is big news, bigger than the budget deficit. mila will be with a marine. this would have been a material career move if she reneged. she had perception as reality, twitter, facebook, social media, the perception was she was going to go, if she backed out her name would have been on every google search the top the search mila jilted marine. in go. >>greg: you would be jilting a hero. now, i have children so i never get to go to the movies so i had no idea who she is, but, this is, now i know, because this is really raised her from file, so there is an upside for her. >>guest: absolutely. the upside is huge. now, with the little controversy, now, has propelled her name and now she is a household -- i never heard of her, either, and new she is a household name and what she
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ahead to make sure by going, by seeing the sergeant her name is good rather than bad so that is why it is the right decision. >>greg: and justin timberlake has received an invitation from a female, a marine or army soldier, given what he does, he has to say "gentleman." >>guest: and he is a good model for someone who manages his image very well. this guy was known arrest mr. britney spears if you can believe that and now she a major star, major singer, and he was at the all-star game the other day, and this kid is smart, and i bet he will take the lady's have it dangerous -- invitation and show up. >>greg: he seems like a great role model. >>guest: and her, too, a good family young lady in twitter account. so she is over anthony weiner,
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go with the sergeant, mila. >>greg: she was in "black swan," i was told. a fox urgent now, firefighters in seattle just rescuing a window washer dangling 60s' above the ground and he was cleaning windows on the top story of the building and the rope slipped. fortunately rescue crews got there in the nick of time and a ladder was extended to get him down. he is doing fine. what would you do if you were at a baseball game and a ball worth up to $250,000 or half a million lands in your lap? well, why guy, new york
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gentleman could be in financial trouble. stay tuned.
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>>greg: a week after he caught and gave back the 3,000th hit baseball, a yankee super fan is getting paid back in spades. christian lopez snagged the ball reportedly worth up to half a million but instead of cashing in, lopez gave it back right away to derek jeter.
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and he was told he would have to pay taxes and the tax bill was arguably worth about $15,000. he already has $150,000 in student loans and players and major companies are lining up to help. and with us is christian lopez. christian, a pleasure to talk to you. i understand modell is kicking $25,000, and sty neither sports kicking in $25,000. how thrilled are you? >>guest: first, thank you for having on me. mr. modell and mr. sty neither what they are doing is incredible and shows how much they love sports and how much they appreciate the yankees and they just love the game. they love baseball. and they love do help people. >>greg: tops is introducing a
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christian lopez trading card. what do you thing of that? >>guest: that's cool! every skid that ever watched baseball had some kind of trading card, ever, and now it is something that will be remembered forever and that is just incredible. never in a million years would i think i would have my face on a baseball card. >>greg: the gifts from modell and steiner sports, the compensation, arguably, from the yankees, could be taxable income have you heard from the i.r.s.? >>guest: no, i have not. the i.r.s. has in the contacted me in any form. >>greg: that's great. christian, people admire you tremendously because you thought that what is doing right is more important than making enormous money. but did realize when you met with yankee officials right after catching the ball did you
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realize how much money you had in your hands? >>guest: yes, everybody knew that ... barry bonds 70,000 home run or the 3,000 hit home run and beltway bond was 72nd home run, anything with a memorial, you get your hand on a ball like that you are talking easy six figures and i knew that, it wasn't worth it to me. the history of the yankees. >>greg: you are a great role model for everybody and congratulations on being a real hero, thank you, christian lopez. take care. maybe the most unusual driver's license picture in the world. coming up next.
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♪ hah
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and before we wrap it up, think your driver's license is bad? at least you were not wearing a's that strainer on your head unless you were this man, an atheist who protested a law that said head coverings are allowed only for religious reasons or official documents so he declared himself a pasta farian. take a look. here is the result. hard to see but he is wearing a pasta strainer on his head and now he wanted to apply to have pasta farianism as a religion in austria. that's it for "studio b" and don't forget to log on to "ship," at and now "your world," with


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